§103D-710  Judicial review.  (a)  Only
parties to proceedings under section 103D-709 who are aggrieved by a final
decision of a hearings officer under that section may apply for judicial review
of that decision.  The proceedings for review shall be instituted in the
circuit court of the circuit where the case or controversy arises.



(b)  An application for judicial review shall
not operate as a stay of the decision rendered under section 103D-709.



(c)  [Repeal and reenactment on July 1,
2011. L 2009, c 175, §14(2).]  Within ten calendar days of the filing of an
application for judicial review, the hearings officer shall transmit the record
of the administrative proceedings to the circuit court of the circuit where the
case or controversy arises.



(d)  The review shall be scheduled as
expeditiously as practicable.  It shall be conducted on the record of the
administrative proceedings, and briefs and oral argument.  No new evidence
shall be introduced, except that the circuit court may, if evidence is offered
which is clearly newly discovered evidence and material to the just decision of
the appeal, admit the same.



(e)  [Repeal and reenactment on July 1,
2011. L 2009, c 175, §14(2).]  No later than thirty days from the filing of
the application for judicial review, based upon review of the record the
circuit court may affirm the decision of the hearings officer issued pursuant
to section 103D-709 or remand the case with instructions for further
proceedings; or it may reverse or modify the decision and order if substantial
rights may have been prejudiced because the administrative findings,
conclusions, decisions, or orders are:



(1)  In violation of constitutional or statutory
provisions;



(2)  In excess of the statutory authority or
jurisdiction of the chief procurement officer or head of the purchasing agency;



(3)  Made upon unlawful procedure;



(4)  Affected by other error of law;



(5)  Clearly erroneous in view of the reliable,
probative, and substantial evidence on the whole record; or



(6)  Arbitrary, or capricious, or characterized by
abuse of discretion or clearly unwarranted exercise of discretion;



provided that if an application for judicial review
is not resolved by the thirtieth day from the filing of the application, the
court shall lose jurisdiction and the decision of the hearings officer shall
not be disturbed.  All time limitations on actions, as provided for in section
103D-712, shall remain in effect.



(f)  Any party aggrieved by the decision of the
circuit court may appeal in accordance with part I of chapter 641 and the
appeal shall be given priority. [L Sp 1993, c 8, pt of §2; am L 1999, c 162,
§8; am L 2001, c 251, §3; am L 2009, c 175, §10]



 



Case Notes



 



  Supreme court has jurisdiction under this section to review
decisions by hearings officer.  85 H. 431, 946 P.2d 1.